Parents sponsored Green Card Questions

[Phantom 0]

Hello everyone

My Mom applied for my GC in 2002. She has since then become a citizen. I am on H1b working in the US right now. My priority date (under married sons/daughters category) is coming up soon. NVC asked me to pay Affidavit of Support (AOS) and Immigrant Visa Application Processing Fees which i have done.

Now am completing both the AOS documents as well as the IV documents.

My Q is my parents are retired. I have been working since 2006 (not reached 40 quarters of credits yet) on H1b visa. Do i need to complete the form I-864? My parents will probably not make the income standards. Is this problematic?

Also they havent filed a tax return of late coz they dont have any income. Is this going to be problematic for my case?

Kindly help.

Anand

[marriedtomrg 141]

Do they receive a pension? That may be accepted as income, but I don't know what the mechanics are for that...

If they do not meet the income requirements you may need a co-sponsor...

Wish I could be of more help but that is how I view your situation at this time...hopefully JimVaPhong or one of our more senior members can offer some advice...have you tried asking people in the Regional Discussion Forums (specific to your home country)?

Hello everyone

My Mom applied for my GC in 2002. She has since then become a citizen. I am on H1b working in the US right now. My priority date (under married sons/daughters category) is coming up soon. NVC asked me to pay Affidavit of Support (AOS) and Immigrant Visa Application Processing Fees which i have done.

Now am completing both the AOS documents as well as the IV documents.

My Q is my parents are retired. I have been working since 2006 (not reached 40 quarters of credits yet) on H1b visa. Do i need to complete the form I-864? My parents will probably not make the income standards. Is this problematic?

Also they havent filed a tax return of late coz they dont have any income. Is this going to be problematic for my case?

Kindly help.

Anand

[RICARDO4EVA2 195]

Hello everyone

My Mom applied for my GC in 2002. She has since then become a citizen. I am on H1b working in the US right now. My priority date (under married sons/daughters category) is coming up soon. NVC asked me to pay Affidavit of Support (AOS) and Immigrant Visa Application Processing Fees which i have done.

Now am completing both the AOS documents as well as the IV documents.

My Q is my parents are retired. I have been working since 2006 (not reached 40 quarters of credits yet) on H1b visa. Do i need to complete the form I-864? My parents will probably not make the income standards. Is this problematic?

Also they havent filed a tax return of late coz they dont have any income. Is this going to be problematic for my case?

Kindly help.

Anand

You cant complete the I-864 because you're not the one who is sponsoring your self. You maybe able to co-sponsor.

Do they get SSI.. anything.? Even if one isnt working they are REQUIRED by law to file a tax return.

[aleful 1,905]

Hello everyone

My Mom applied for my GC in 2002. She has since then become a citizen. I am on H1b working in the US right now. My priority date (under married sons/daughters category) is coming up soon. NVC asked me to pay Affidavit of Support (AOS) and Immigrant Visa Application Processing Fees which i have done.

Now am completing both the AOS documents as well as the IV documents.

My Q is my parents are retired. I have been working since 2006 (not reached 40 quarters of credits yet) on H1b visa. Do i need to complete the form I-864? My parents will probably not make the income standards. Is this problematic?

Also they havent filed a tax return of late coz they dont have any income. Is this going to be problematic for my case?

Kindly help.

Anand

if you are on a H1B visa and it's current, you shouldn't have paid the NVC, that is for consular processing in your country. You are working legally in the country. Instead your mom should have advised the NVC with your case number that you are in the US and that you will adjust here. she also has to advise them that she has become a USC and probably your priority could be current depending on which country you are from.

There are different forms when one adjusts in country, and as long as you have never been in the country undocumented. your mom by being the petitioner has to file the i864, not you.

the forms to adjust in country are the 1485, the 1684, the G325A, the i693 medical and vaccination and 2 passport photos. you will need to attach copies of the H1B visa to proove that you are legally in the country.

[RICARDO4EVA2 195]

others may have something else to add.. I'm open to learn on this as well.

[Phantom 0]

if you are on a H1B visa and it's current, you shouldn't have paid the NVC, that is for consular processing in your country. You are working legally in the country. Instead your mom should have advised the NVC with your case number that you are in the US and that you will adjust here. she also has to advise them that she has become a USC and probably your priority could be current depending on which country you are from.

There are different forms when one adjusts in country, and as long as you have never been in the country undocumented. your mom by being the petitioner has to file the i864, not you.

the forms to adjust in country are the 1485, the 1684, the G325A, the i693 medical and vaccination and 2 passport photos. you will need to attach copies of the H1B visa to proove that you are legally in the country.

Hello everyone....

Thanks for your extremely helpful responses

My parents (DAD) gets SSI. I actually found out last year that they should be filing returns and they will do so this year.

TO "ALEFUL"

I am on a current H1b that is valid until 2012. what is my recourse now? In my glee of seeing my priority date being current, i went and made payments. Can I reply to the NVC that I am already here? My wife is also on H1b (independent one) and she is also on my petition (I guess). Does this change anything?

[Darnell 8,479]

the I-864 is for the petitioner, the sponser,

NOT YOU.

Suggest that your parents start practicing to fill out the I-864, run the numbers,

and then - if they need to - have them get a co-sponser.

Ultimately, on this path, you'll need to go back to India for an interview, unless you 'change paths midstream' whilst the casefile is at NVC. Strongly suggest you talk with a Supervisor at NVC (not the first person that answers the phone) and ask a Supervisor exactly what you should do if you wish to adjust status in USA, instead of having IR-5/IR-2 visa issued in India.

Good Luck !

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for)**